2109384 (Migration)

The applicant sought review of a decision to refuse her application for a Bridging A (Class WA) (Subclass 010) visa. The dispute centred on whether the applicant met the criteria for the grant of this visa, specifically clause 010.211 of the Migration Regulations 1994. The decision was made by a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 010.211(1) of the Migration Regulations, which requires the applicant to meet one of the criteria set out in subclauses 010.211(2) through (6) at the time of application. This, in turn, required the Tribunal to consider whether the applicant's protection visa application had been finally determined, whether judicial review proceedings were pending, and whether the applicant had applied for any of the specific visas listed in the relevant subclauses.

The Tribunal reasoned that the applicant did not meet the criteria for the Bridging A visa. It found that her protection visa application had already been finally determined by the Tribunal in August 2018, and that judicial review proceedings related to that application had concluded in June 2021. Furthermore, the applicant had not applied for any of the visas specified in subclauses 010.211(5) or (6). As the applicant failed to meet any of the conditions outlined in subclauses 010.211(2) to (6), she did not satisfy clause 010.211(1), and consequently, clause 010.221, which requires the applicant to continue to meet the time of application criteria at the time of decision. The Tribunal noted that other matters raised by the applicant, such as her health, financial situation, and relationship, were beyond the scope of the review concerning the Bridging A visa refusal.

The Tribunal affirmed the decision to refuse to grant the applicant a Bridging A (Class WA) (Subclass 010) visa.